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(영문) 창원지방법원 통영지원 2016.11.02 2016고단819
업무방해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] The Defendant was sentenced to a suspended sentence of two years in October 27, 2014 to imprisonment with prison labor for an injury, etc. at the Changwon District Court’s branch branch on November 27, 2014, and the said judgment became final and conclusive on December 5, 2014 and is currently under suspended sentence.

【Criminal Facts】

Around 03:00 on July 25, 2015, when the Defendant lacks the ability to discern things or make decisions due to mental disorder such as stimulative disorder, etc., the Defendant expressed the victim’s main business at the “E” point operated by the victim D in Gyeongnam-si, Gyeongnam-si, that “the victim is prohibited from funeral in C of C of C of C of C of C of C of C of C of C of C of C of C of C,” on the ground that the victim refused access to the said main point, and obstructed the victim’s main business for about 10 minutes, such as a beer disease, falling short of the table of other customers, and a glass tursting on the floor.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on investigation (a list of 112 reported cases);

1. A written agreement;

1. Previous convictions in judgment: References to criminal records, investigation reports (judgments and summary orders) and the application of statutes;

1. Relevant laws concerning criminal facts, Article 314 (1) of the Criminal Act that choose punishment, and the choice of fines;

1. Article 10 (2) and Article 55 (1) and (6) of the Criminal Act for mitigation of mental illness and injury;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Reasons for sentencing in favor of the victim: An agreement is reached with the victim; the fact that the crime of this case was committed in a state of mental disorder; and the mental and medical treatment is deemed to be faithfully fulfilled

(k) Unfavorable circumstances: - Crimes of the same kind committed repeatedly despite being taken several times of a crime related to the same kind of violence;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the age, character and conduct, environment, and circumstances after the crime, shall be taken into consideration to determine the sentence against the defendant.

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